The office of an elected official or member of a Board or Commission of the Municipality shall be declared vacant by resolution of Council upon determination that the elected official:
A. Does not possess, or has ceased to possess, the qualifications of office, as provided herein.
B. Has failed to take the required oath or affirmation.
C. While in office has been convicted of, or entered a plea of guilty to, a felony or crime involving moral turpitude.
D. Has been adjudicated mentally incompetent.
E. Is guilty of gross misconduct, gross neglect of duty, misfeasance, malfeasance, or nonfeasance in office.
F. Has violated the oath or affirmation of office.
G. Has not disclosed in writing a conflict of interest.
In addition to the grounds for removal provided above, Council may remove any of its members for persistent failure to abide by the rules of Council, or for absence without justifiable excuse from three (3) consecutive meetings.
The decision of Council to remove an elected official or member of a Board or Commission shall be made only upon concurrence of two-thirds (2/3) or more members of Council after public hearing upon the charge or charges brought; and, provided, further, that the accused elected official shall have been notified in writing of the charge or charges against the official at least fifteen (15) days in advance of such public hearing; and, provided further, that the elected official or member of a Board or Commission, or the counsel for the elected official or member of a Board or Commission, shall have been given an opportunity to be heard, present evidence, and examine witnesses appearing in support of such charge or charges. A member of Council shall not vote upon the question of that member of Council's own removal.
The decision of Council after compliance with this section shall be final.
The elected official so removed shall not be eligible for appointment to the vacancy created thereby.